U.S. Court of Appeals for the Ninth Circuit, 2011

Roman-Anguiano v. Holder

Roman-Anguiano v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2011 · Farris, O'Scannlain, Bybee
421 F. App'x 722

Roman-Anguiano v. Holder

Opinion

MEMORANDUM **

Sandra Lourdes Roman-Anguiano, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *723 Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Roman-Anguiano’s second motion to reopen, which was filed over 90 days after the BIA’s final order, as untimely and number-barred. See 8 C.F.R. § 1003.2(c)(2). To the extent that Roman-Anguiano challenges the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a), we lack jurisdiction to review such a challenge. See Ekimian v. INS, 303 F.3d 1153, 1159-60 (9th Cir. 2002). If we had jurisdiction to review the BIA’s decision, we would find no abuse of discretion.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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